Provides that a parent of a minor or incapacitated person may designate another person as a person in parental relation to such minor or incapacitated person pursuant to sections twenty-one hundred sixty-four and twenty-five hundred four of the public health law and sections two and thirty-two hundred twelve of the education law for a period not exceeding twelve months; provides that a designation may not be more than twelve months.
STATE OF NEW YORK
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6016--A
2017-2018 Regular Sessions
IN SENATE
May 10, 2017
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Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general obligations law, in relation to a parent or
guardian naming a caregiver as a person in parental relation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 5-1551 of the general obligations law, as added by
2 chapter 119 of the laws of 2005, is amended to read as follows:
3 § 5-1551. Power of parent to designate a person in parental relation.
4 A parent of a minor or incapacitated person may designate another person
5 as a person in parental relation to such minor or incapacitated person
6 pursuant to sections twenty-one hundred sixty-four and twenty-five
7 hundred four of the public health law and sections two and thirty-two
8 hundred twelve of the education law for a period not exceeding [six]
9 twelve months provided that there is no prior order of any court in any
10 jurisdiction currently in effect that would prohibit such parent from
11 himself or herself exercising the same or similar authority, and
12 provided further, that, in the case where a court has ordered that both
13 parents must agree on education or health decisions regarding the child,
14 a designation pursuant to this subdivision shall not be valid unless
15 both parents have consented thereto. Such designation shall be in the
16 form prescribed by section 5-1552 of this title, and may be presented to
17 any school, health care provider or health plan that requires such
18 designation by either the parent or the designee.
19 § 2. Subdivision 1 of section 5-1552 of the general obligations law,
20 as added by chapter 119 of the laws of 2005, is amended to read as
21 follows:
22 1. Designations in general. A designation of a person in parental
23 relation pursuant to this title shall be in writing and shall include:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11432-02-7
S. 6016--A 2
1 the name of the parent, the name of the designee, the name of each minor
2 or incapacitated person with respect to whom such designation is made,
3 the parent's signature, and the date of such signature. The designation
4 may specify a period of time less than [six] twelve months for which
5 such designation shall be valid unless earlier revoked by such parent
6 pursuant to section 5-1554 of this title, provided that any designation
7 specifying a period of more than thirty days shall also conform to the
8 provisions of subdivision two of this section.
9 § 3. Subdivision 3 of section 5-1552 of the general obligations law,
10 as added by chapter 119 of the laws of 2005, is amended to read as
11 follows:
12 3. Designations not specifying a time period. If no time period is
13 specified in a designation, it shall be valid until the earlier of revo-
14 cation or the expiration of thirty days from the date of signature if
15 the designation does not meet the requirements of subdivision two of
16 this section, or [six] twelve months from the date of commencement spec-
17 ified therein if the designation meets the requirements of subdivision
18 two of this section.
19 § 4. This act shall take effect immediately.
